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Mississippi Legislature· SB 3098Approved by Governor (Chapter 75)

Appropriation; Secretary of State., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations

By: Senator(s) Hopson, DeBar, Williams, DeLano, Seymour,
Simmons (13th), Tate

Senate Bill 3098

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
OFFICE OF THE SECRETARY OF STATE FOR FISCAL YEAR 2027.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  The following sum, or so much thereof
as may be necessary, is hereby appropriated out of any money in the State
General Fund not otherwise appropriated, for the support and maintenance of the
Secretary of State for the fiscal year beginning July 1, 2026, and
ending June 30, 2027..................................................

............................................ $
15,571,621.00.

SECTION 2.  The following sum, or so much thereof
as may be  necessary, is hereby authorized for expenditure out of any special
source funds which are collected by or otherwise become available for the
purpose of defraying the expenses of the Secretary of State for the fiscal year
beginning July 1, 2026, and ending June 30, 2027.... $
25,059,000.00.

SECTION
3.  Of the funds appropriated under the provisions of this act, not
more than the following amount of funds, with the exception of the provisions
in this section, shall be expended only for "Personal Services,"
which includes "Vacancy Funding," for the following authorized number
of employment headcount:

FUNDING:

General Funds:                $
7,842,078.00

Special Funds:                $
0.00

Total Funds:                  $
7,842,078.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:             $
7,672,256.00

Progressions:                 $
0.00

Vacancy Funding:              $
169,822.00

Total Personal
Services:       $ 7,842,078.00

AUTHORIZED HEADCOUNT:

Permanent:                   96

Time-Limited:                11

As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.  Funds in this category shall not be transferred to any other
category.

It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972.  Payment from these
funds shall be in accordance with the Variable Compensation Plan promulgated by
the Mississippi State Personnel Board.  It is the Legislature's intention that
no employee's salary falls below the minimum salary established by the
Mississippi State Personnel Board.

The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.

With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2027 appropriation for "Personal Services" with the
exception of escalated funds.  Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal Services"
for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated for that
purpose unless programs or positions are added to the agency's Fiscal Year 2027
budget by the Mississippi Legislature.

If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.

When used in this section,
"Vacancy Funding" shall mean funds included in the Total Personal
Services amount listed above and designated for approved vacancies in Fiscal
Year 2027.  These funds are to be utilized to increase the number of filled headcounts
that were authorized but unfilled as of the last day of Fiscal Year 2026.  If
the agency fills additional headcounts after March 1, 2026, until the end of
Fiscal Year 2026, the amount of available Vacancy Funding may be proportionally
adjusted to reflect the updated number of filled headcounts.  The agency shall
be responsible for ensuring that "Vacancy Funding" is used to
increase headcounts and not for promotions, title changes, in-range salary
adjustments, or any other mechanism for increasing salaries for current
employees.

Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law or allowable under the terms set forth within this act.  The
State Personnel Board shall not escalate positions or increase the Personal
Services total without written approval from the Department of Finance and
Administration.  The Department of Finance and Administration shall not provide
written approval to escalate any funds for salaries and/or headcounts without
proof of availability of new or additional funds above the appropriated level.
Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been
accounted for and shall be converted to authorized time-limited headcounts.

No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.

None of the funds herein
appropriated shall be used in violation of the Internal Revenue Service's
Publication 15-A relating to the reporting of income paid to contract
employees, as interpreted by the Office of the State Auditor.

If the agency's total
authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.

SECTION 4.  It is the
intention of the Legislature that the Office of the Secretary of State shall
maintain complete accounting and personnel records related to the expenditure
of all funds appropriated under this act and that such records shall be in the
same format and level of detail as maintained for Fiscal Year 2026.  It is
further the intention of the Legislature that the agency's budget request for
Fiscal Year 2028 shall be submitted to the Joint Legislative Budget Committee
in a format and level of detail comparable to the format and level of detail
provided during the Fiscal Year 2027 budget request process.

SECTION 5.  None of
the funds appropriated by this act shall be expended for any purpose that is
not actually required or necessary for performing any of the powers or duties
of the Office of the Secretary of State that are authorized by the Mississippi
Constitution of 1890, state or federal law, or rules or regulations that
implement state or federal law.

SECTION 6.  No part
of the funds appropriated herein shall be used, either directly or indirectly,
for the purpose of paying any clerk, stenographer, assistant, deputy, or other
person who may be related by blood or marriage within the third degree,
computed by the rules of the civil law, to the official employing or having the
right of employment or selection thereof; and in the event of any such payment,
then the official or person approving and making or receiving such payment
shall be jointly and severally liable to return to the State of Mississippi and
to pay into the State Treasury three (3) times any such amount so paid or
received, to be recovered at suit of the Attorney General; provided that when
the relationship is by affinity and the person through whom the relationship
was established is dead, this provision shall not apply.

SECTION 7.  Of the funds appropriated in Section 1
of this act, the Secretary of State may use funds appropriated for the purposes
of defraying litigation expenses associated with the enforcement of the
Mississippi Securities Act, the Regulation of Charitable Solicitations Act, and
the administration of the Public Trust.

SECTION 8.  In
compliance with the "Mississippi Performance Budget and Strategic Planning
Act of 1994," it is the intent of the Legislature that the funds provided
herein shall be utilized in the most efficient and effective manner possible to
achieve the intended mission of this agency.  Based on the funding authorized,
this agency shall make every effort to attain the targeted performance measures
provided below:

FY2027

Performance Measures                                       Target

Business Services

Percent of Business Services
Customer

Phone Calls Answered                              95.00

Elections

Number of Poll Workers to
Successfully

Complete the Online
Training Program                650

Number of Voter
Registrations Updated on

Secure Online Website                             6,400

Percent of Poll Workers who
Successfully

Complete the Online
Poll Manager

Training on Their First
Attempt                   60.00

Publications

Number of Visits to the
Secretary of

State's Website                               9,000,000

Public Lands

Number of Tax-Forfeited
Properties Sold                 1,000

Support Services

Support Services as a
Percent of Total

Agency Expenditures                               25.00

A reporting of the
degree to which the performance targets set above have been or are being
achieved shall be provided in the agency's budget request submitted to the
Joint Legislative Budget Committee for Fiscal Year 2028.

SECTION 9. Of
the funds appropriated in Section 1 of this act, funds are provided to pay
principal and interest on bond issues for county voting systems, to cover
expenses related to cybersecurity and election integrity, and to support the
replacement, modification, and maintenance of the Statewide Elections
Management System (SEMS).

SECTION 10. Of
the funds appropriated in Section 2 of this act, funds are provided from the
State Treasury to the credit of the Land Records Maintenance Fund, for the
purpose of making distributions to local governments for taxes owed and
property maintenance during the fiscal year.

SECTION 11. Of
the funds appropriated in Section 2 of this act, funds are provided from the
State Treasury to the credit of the Elections Support Fund, for the purpose of
acquiring, upgrading, maintaining, or repairing voting equipment, systems, and
supplies, hiring temporary technical support, conducting elections using such
voting equipment or systems, and training election officials during the fiscal
year.

SECTION 12. Of
the funds appropriated in Section 2 of this act, Sixteen Million Three Hundred
Nine Thousand Dollars ($16,309,000.00), or so much thereof as may be necessary,
is appropriated out of any money in the State Treasury to the credit of the
Public Trust Tidelands Fund, and is authorized to be transferred by the
Secretary of State to the Mississippi Department of Marine Resources.

SECTION 13.  It is
the intention of the Legislature that whenever two (2) or more bids are
received by this agency for the purchase of commodities or equipment, and whenever
all things stated in such received bids are equal with respect to price,
quality and service, the Mississippi Industries for the Blind shall be given
preference.  A similar preference shall be given to the Mississippi Industries for
the Blind whenever purchases are made without competitive bids.

SECTION 14. The following sum, or so much
thereof as may be necessary, is reappropriated out of any money in the State
General Fund not otherwise appropriated for the Secretary of State for the
purpose of reauthorizing the expenditure of State General Funds, as authorized
in Senate Bill No. 2037, 2025 First Extraordinary Session, to provide funds for
systems updates and upgrades, for the fiscal year beginning
July 1, 2026, and ending June 30, 2027

............................................ $
2,186,988.00.

Notwithstanding the amount
reappropriated under the provisions of this section, in no event shall the
amount expended exceed the unexpended balance as of June 30, 2025.

SECTION 15.  The
money herein appropriated shall be paid by the State Treasurer out of any money
in the State Treasury to the credit of the proper fund or funds as set forth in
this act, upon warrants issued by the State Fiscal Officer; and the State
Fiscal Officer shall issue his warrants upon requisitions signed by the proper
person, officer or officers in the manner provided by law.

SECTION 16.  This act
shall take effect and be in force from and after July 1, 2026.
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